2 scenarios I thought of.
1.) Your planning on OC and you put on a suit or some other outfit that has a coat or jacket of some kind. Its justa normal size jacket, but when put on, covers part or all of afirearm on your waist. Your not trying to conceal, just depending on how you move or stand, part or all is covered. Is thefirearm now considered a concealed weapon?
I heard in a admin. of justice class I tookthat this was the case for blades, but I dont think that he said anything about firearms.
2.) How is a loaded weapon defined?
From the sound of what I read, having a loaded magazine on or near you makes the weapon loaded. Does that mean that if you had yourfirearm on your right hip OC and a loaded mag on your left, is that firearm now considered a loaded weapon?
1) Yes, it would be considered a concealed weapon if it was covered in such a fashion that it could not be easily recognized as a firearm. You will note that 12025(f) exempts only firearms carried openly in belt holsters- we can reasonably deduce that shoulder holsters were not included in this section because a firearm would be obscured beneath someone's arm or covered by outerwear.
2) A loaded weapon is defined in two ways. The most pertinent definition in our case is listed in PC12031(g) which states;
g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
So, you cannot have a round of ammunitionattached to the firearm or in a position to fire, but you can have loaded magazines in your possession, but not attached to the firearm.
The second definition appears in a couple of different places, and say pretty much the same thing. A firearm is loaded when an individualhas both the firearm and ammunition in their possession. These only apply in specific applications of the law.
171e. A firearm shall be deemed loaded for the purposes of Sections
171c and 171d whenever both the firearm and unexpended ammunition
capable of being discharged from such firearm are in the immediate
possession of the same person.
171cprohibits possession of weapons in a State or local public building.
The other citation (which I cant locate at the moment) only applies when the person is commiting a felony or gang crime.